ARROW CO. v. CINCINNATI, N. O. & T. P. R.

No. 544.

379 U.S. 642 (1965)

ARROW TRANSPORTATION CO. ET AL. v. CINCINNATI, NEW ORLEANS & TEXAS PACIFIC RAILWAY CO. ET AL.

Supreme Court of United States.

Decided January 18, 1965.


Attorney(s) appearing for the Case

Donald Macleay, Richard M. Freeman, John C. Lovett, Byron M. Gray, Nuel D. Belnap, A. Alvis Layne, Charles J. McCarthy and Robert H. Marquis for appellants in No. 544.

Robert W. Ginnane, I. K. Hay and Betty Jo Christian for appellant in No. 545.

Dean Acheson, Henry P. Sailer and W. Graham Claytor, Jr., for Southern Railway System Companies; John F. Donelan and John M. Cleary for Southern Governors Conference et al.; Elbert R. Leigh for Louisville & Nashville Railroad Co. et al.; William A. McClain and Edgar T. Bellinger for City of Cincinnati, appellees in both cases.

Solicitor General Cox, Assistant Attorney General Orrick and Lionel Kestenbaum filed a memorandum for the United States in both cases.

Neil Brooks filed a memorandum for the Secretary of Agriculture in both cases.


PER CURIAM.

These appeals are from a single judgment of a three-judge District Court, 229 F.Supp. 572, which set aside and permanently enjoined the operation, enforcement and execution of the order of the Interstate Commerce Commission, 321 I. C. C. 582, canceling certain rate reductions which had been put into effect by the appellee railroads on the grounds that the new lower rates violated...

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